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Hi, my name is Miguel, I'm an illegal alien and married to to a citizen, is it safe for me to apply for status change?

Arlington Heights, IL |

I have crossed the border illegally three time a couple times I've been caught once I went in front of a judge who tell me not to come back to the U.S. for three years but I crossed three months after that. I have no criminal record. I have been married to my wife for four years and we have a child.

Attorney Answers 6


  1. What would be much safer and wiser for you Miguel, is to hire a competent immigration attorney.

    The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.


  2. Not at all. If you crossed into the U.S. illegally after being deported, you are subject to the "permanent bar". If you apply for a green card, you could very well be arrested and deported.

    Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.


  3. Re-entering illegally after a prior order of removal can subject you to criminal prosecution, as well as preclude you from adjusting here in the U.S. Consult with an immigration attorney to determine whether you have any possible relief given your immigration history.

    No attorney-client relationship is created or implied by this communication.


  4. I agree with my esteemed colleagues. Miguel, you need to invest in your future and get straight answers to your issues by consulting directly with an immigration attorney of your choice. You can do a search on this site or on the AILA website to find someone who matches your criteria (language, area, special interest, etc.). I strongly advise NOT to do this on your own - as indicated by my colleagues, you may end up in deportation proceedings again despite being married to a USC because returning illegally after having been deported is a serious immigration violation, one that authorities are sure to find out about with a little investigation (finger print background check, running your name and identifying information through their databases, etc).

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.


  5. Miguel, your repeated illegal violations of the U.S. border, recorded removal and another blatant violation of the federal law would most definitely require a retention of an experienced immigration attorney.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois


  6. You are not admissible into the U.S. until you spend 10 years outside of the U.S. If you file an application for adjustment of status, it will be denied and you will have your prior removal order reinstated.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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